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The Insolvency Rules (Northern Ireland) 1991

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Revocation or suspension of the voluntary arrangement

5.28.—(1) This Rule applies where the court makes an order of revocation or suspension under Article 236.

(2) The person who applied for the order shall serve sealed copies of it—

(a)in Case 1, on the debtor, the official receiver and the trustee;

(b)in Case 2, on the debtor; and

(c)in either case on the supervisor of the voluntary arrangement.

(3) If the order includes a direction by the court under Article 236(4)(b) for any further creditors' meeting to be summoned, notice shall also be given (by the person who applied for the order) to whoever is, in accordance with the direction, required to summon the meeting.

(4) The debtor (in Case 2) and the trustee, or if there is no trustee, the official receiver (in Case 1) shall—

(a)forthwith after receiving a copy of the court's order, give notice of it to all persons who were sent notice of the creditors' meeting which approved the voluntary arrangement or who, not having been sent that notice, appear to be affected by the order;

(b)within 7 days of their receiving a copy of the order (or within such longer period as the court may allow), give notice to the court whether it is intended to make a revised proposal to creditors, or to invite re-consideration of the original proposal.

(5) The person on whose application the order of revocation or suspension was made shall, within 7 days after the making of the order, give written notice of it to the Department.

[E.R.5.25]

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